Drones

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Wingman
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Re: Drones

Postby Wingman » Mon Feb 09, 2015 11:50 am

JaMak84 wrote:
Wingman wrote:So did anyone notice the giraffe or did that just get lost in the confusion?
Yep, but figured terrestrial obstacles weren't germane to the discussion. Y'all got giraffe on the air strips over there in Humphreys county now?
No, but I hit a deer at Natchez once. Not fun!
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Johnboy114
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Re: Drones

Postby Johnboy114 » Mon Feb 09, 2015 2:19 pm

Po Monkey Lounger wrote:Dammitboy, let's not confuse putting one's foot in his mouth with tortured nuance. I believe that you emphatically said that neither airspace or minerals were subject to private ownership. And called me "ignorant".

I realize that you ( and perhaps others) who fly drones for whatever purpose would like the law to be crystal clear in your favor re your right to fly your drone anywhere you please. But, the reality of the law at this time is that there is US Supreme Court precedence that at least 83 feet is protected landowner territory. And within the area of 83 feet up to 500 feet, whether a landowner can protect that space depends upon the circumstances of each case and what is " reasonable" for that property (eg heights of other objects on property such as trees, buildings, towers, etc. ). I have the right to shoot game on my property, including birds and waterfowl flying overhead --- that gets me out to at least shotgun range.

Here is one given . If a drone is over my property near my home at a height to where it could be peeking through a window, it is most definitely trespassing ( via the drone owner), absent land owner permission to do so. From my perspective, that would be a definite shooter. Absent the drone belonging to law enforcement with a warrant in hand, I believe that the drone owner would lose that legal dispute, aside from having a hard time publicly explaining in court such creepiness.

Again, if I can reach it within my shotgun range, then the drone is probably too close. I plan to shoot first, and sort it out later. I can afford the legal fees. :wink:
Couple of points
- you are assuming the drone has a camera peeking in the window...many do not, how does that go then?
- so one just needs to keep it under 83' over your property if I have read your post right, correct?
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Po Monkey Lounger
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Re: Drones

Postby Po Monkey Lounger » Mon Feb 09, 2015 6:03 pm

Couple of points
- you are assuming the drone has a camera peeking in the window...many do not, how does that go then?
I just used the drone with camera near a person's house as a clear example of drone misuse and creepiness. From a trespass or property nuisance standpoint, IMO, the presence of the camera would be immaterial.
Couple of points
- so one just needs to keep it under 83' over your property if I have read your post right, correct?
Uhhh.... no. The 83 feet came from a Supreme Court case which ruled that a property owner's airspace up to 83 feet above his property, under the circumstances of that case, was within a zone that the property owner could reasonably expect privacy and use the law to prosecute an intrusion. Combined with other Court cases and FAA regulations regarding the airspace above 500 feet being part of the public domain for flying aircraft (public airways), the status of the law regarding a property owner's protected airspace above his property is that such an area is a minimum of 83 feet and up to as high as 500 feet, depending upon the reasonable use of the property by the landowner. From what I have seen, there is no hard and fast rule on this area of airspace protection between 83 feet and 500 feet --- such would depend upon the circumstances of each case. The presence and height of buildings, trees, towers, and use of the property would all be factors in this determination. And to muddy the water further, there is case law that suggests that property owners have more protected airspace above their property than what they are actually using --- basing it instead upon what use of the property would be reasonable despite actual exercise of it.

If I were going to operate a drone for fun/hobby, then I would operate it over my own property within the constraints of FAA safety regs regarding use of airspace by airplanes (eg, not over 500 feet high). If I wanted to operate it over someone else's property, whether for fun or for work (mapping, etc.) then I would stay under 500 feet and first get the landowner's permission to do so. If one were using a drone for work involving a landowner customer for mapping, appraisal, real estate marketing photos, etc., then presumably you would have the permission of the landowner to do so.

If you are going to operate a drone over property other than your own, and you are not law enforcement with a warrant or a governmental agency with legal power to do so, then, IMO, you would need to operate it below 500 feet, and above a level that comports with common sense. If the drone is being operated in a residential area with house(s), other structures, and people who could be bothered by its presence (probably not a good idea to do so at all), then you would need to be at a sufficient height above all of that so as not to be a nuisance or a pest to the occupants/people. If you are in a remote area with no people or sensitive structures that could be damaged by a crash, then you would have more leeway up to the 500 feet.

I am not necessarily anti-drone, but if I am in the backyard of my home, relaxing from a hard day at work, sipping on a cold beer or fine whiskey, enjoying a good cigar, listening to music, grilling some meat, I absolutely will be upset to look up and see a drone that may be armed with a camera close enough to invade my immediate privacy zone. And my likely first response (since I live in the country and can legally do so), will be to attempt to shoot down the drone with my shotgun if it gets that close. And as stated in earlier posts, if the drone is so close to my house that I could actually hit it with a shotgun (within approx 300 feet or less), then it is most likely legally so close as to be considered trespassing. And if I did shoot one down in that situation, I would be tempted to shoot with rock salt/or rat shot the rude, inconsiderate, dumbarse, mofo, SOB owner of the drone (assuming it was an adult) who comes to retrieve it.

We have such few places left in this tech crazy world where we can expect any reasonable degree of privacy. A man's (or woman's) home is the last refuge --- his/her castle. Thus, a word to the wise for those who want to be able to operate drones for hobby/sport ---- don't fark with a man/woman's home and privacy at home. Doing so will for sure fuel an anti-drone mentality and likely result in detrimental laws related to your desired hobby. Plus, you could be subject to criminal charges for trespass (maybe stalking or peeping tom criminal statutes) or civil trespass/invasion of privacy charges.

One point of concern for all private drone operators, based upon my recent reading, would be proposed federal regulations that would allow the FAA to regulate the airspace below 500 feet (not just in an airport situation). This could open the door to proposed regs that could make it illegal to operate a drone at any height, even on your own property (such has actually been propsed by some lawmakers). I am not in favor of such federal control over airspace on private property.
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Po Monkey Lounger
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Re: Drones

Postby Po Monkey Lounger » Mon Feb 09, 2015 6:34 pm

For those of you drone operators who lack common sense and need specific rules for drone use, I have decided to help you out and start a list of areas and places in which not to operate a drone (which may be added to by others):

1) anywhere near Po Monkey Lounger's house and backyard area (if in doubt, I can give you the GPS coordinates so that you can be sure to avoid this area at all costs);

2) anywhere near an airplane being operated by Wingman (or any other pilot);

3) within another man's duck hole during duck season (if it flies, it dies --- better than a double-banded duck);

4) at an altitude over 500 feet;

5) outside a window of another person's home, camera or no camera;

6) anywhere within a clay target shooting range (extra bonus target);

7) any place where other people are gathered outdoors and drone noise or presence would be distracting or irritating (music concert, yard party, goat roast, funeral, wedding, duel, etc.);

8) anywhere near another man's deer stand during deer season;

9) anywhere near a fireworks display on July 4th, New Year's, etc.;

10) over or within a football stadium (soccer field, baseball field, etc.) filled with people (probably ok at USM football game since there would be very few/no people);

11) anywhere near Smokin Joe Frazier during squirrel season;

Ok, I am getting tired.......... this is a good start.
Last edited by Po Monkey Lounger on Mon Feb 09, 2015 6:43 pm, edited 2 times in total.
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Wingman
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Re: Drones

Postby Wingman » Mon Feb 09, 2015 6:40 pm

I would like to get one just to video duels. :lol:
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4dawgma
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Re: Drones

Postby 4dawgma » Mon Feb 09, 2015 6:58 pm

You guys talked me into it, I'm getting a drone. This much controversy I've got to get in. Ima scout the hell outta yer duck hole! And yes I saw the giraffe.


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SkippyJ
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Re: Drones

Postby SkippyJ » Mon Feb 09, 2015 8:18 pm

tombstone wrote:[quote="JaMak84] terrestrial obstacles weren't germane to the discussion.
What do the Germans have to do with the situation. :D :D :D[/quote][/quote]


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Re: Drones

Postby 99beers » Mon Feb 09, 2015 8:40 pm

Like I said, we are all waiting on the new regs. Until then listen to po boy. :P

Btw, you can't see $#!+ for detail at a drone flying at 200' with a consumer drone. So no need to cover you tiddies po one.
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Re: Drones

Postby teul2 » Mon Feb 09, 2015 8:40 pm

Po Monkey Lounger wrote: 10) over or within a football stadium (soccer field, baseball field, etc.) filled with people (probably ok at USM football game since there would be very few/no people);
I object! Cheap shot. :D
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watash
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Re: Drones

Postby watash » Sat Feb 14, 2015 9:22 am

Who owns the mineral rights on my property?
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Po Monkey Lounger
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Re: Drones

Postby Po Monkey Lounger » Sat Feb 14, 2015 11:37 am

That could only be answered by a thorough title search on your property back to the sovereign.
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Re: Drones

Postby DanP » Sun Feb 15, 2015 1:23 pm

99beers
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Re: Drones

Postby 99beers » Sun Feb 15, 2015 5:55 pm

Long way from being a law, but it's a start. In the mean time, it's the wild Wild West of the sky rules! Ain't none.
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Wingman
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Re: Drones

Postby Wingman » Sun Feb 15, 2015 7:16 pm

N numbers on drones. :lol:
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Re: Drones

Postby 99beers » Sun Feb 15, 2015 7:46 pm

Wingman wrote:N numbers on drones. :lol:
Yea, like you could read them....lol.....it went on to say to make the numbers as big as practical. I could see ole poboy out in the yard with the binocs!!!! :D

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